SOLUTIONS TO PERSONNEL ISSUES

OCCUPATIONAL SAFETY AND HEALTH

CERTIFICATION OF WORKPLACES BY WORKING CONDITIONS

• General provisions on certification of workplaces for working conditions
• Certifying organization
• Certifying commission
• Conducting certification of workplaces for working conditions
• Registration of the results of certification of workplaces for working conditions

GENERAL PROVISIONS ON WORKPLACE CERTIFICATION

BY LABOR CONDITIONS

1. Terms of certification of workplaces for working conditions

2. Order on conducting workplaces according to working conditions

The Constitution of the Russian Federation establishes the right of every employee to work in conditions that meet the requirements of safety and hygiene (clause 3 of article 37).

Labor legislation imposes obligations on the employer to ensure safe conditions and labor protection (part 1 of article 212 of the Labor Code of the Russian Federation). In particular, he is obliged to carry out certification of workplaces for working conditions with subsequent certification (part 2 of article 212 of the Labor Code of the Russian Federation).

Attestation of workplaces for working conditions (hereinafter - attestation) is an assessment of working conditions at workplaces in order to identify harmful and (or) hazardous production factors and bring working conditions in accordance with state regulatory requirements (part 12 of article 209)

Certification is carried out in accordance with the procedure established by the federal executive body responsible for the development of state policy and legal regulation in the field of labor (part 12 of article 209 of the Labor Code of the Russian Federation). These functions are entrusted to the Ministry of Health and Social Development of Russia in accordance with clause 1 of the Regulation on the Ministry of Health and social development RF (approved by the Decree of the Government of the RF dated 30.06.2004 N 321).

Requirements for attestation, registration and use of its results are established by the Procedure for attestation of workplaces for working conditions (approved by Order of the Ministry of Health and Social Development of Russia dated 26.04.2011 N 342n, hereinafter - the Procedure for attestation). The requirements of this Procedure apply to employers - legal and individuals (with the exception of employers who are individuals who are not individual entrepreneurs), as well as organizations that provide services for the certification of workplaces (hereinafter - the certification organization), regardless of their organizational and legal forms and forms of ownership (clause 1 of the Procedure for certification ).

1. TERMS OF CARRYING OUT CERTIFICATION OF WORKPLACES BY WORKING CONDITIONS

Depending on the timing, it can be either regular or unscheduled.

Datesnext certification established by clause 8 of the Procedure for attestation - at least once every five years. The five-year period is counted from the date of completion of the previous certification, namely from the date the employer signed the order on the completion of certification and approval of the certification report (clause 44 of the Certification Procedure). The date of publication of the order of the employer on the approval of the composition and schedule of certification is taken as the date of the beginning of the next certification.

It should be noted that the results of the certification of workplaces for working conditions, carried out in accordance with the Order of the Ministry of Health and Social Development of Russia dated August 31, 2007 N 569, are valid until the next certification. This is established by clause 3 of the Order of the Ministry of Health and Social Development of Russia dated 04.26.2011 N 342n "On approval of the Procedure for certification of workplaces for working conditions."

Unscheduled certification carried out in the following cases (clauses 47, 48 of the Certification Procedure):

- upon commissioning of newly organized workplaces (in accordance with clause 8 of the Certification Procedure no later than 60 working days after commissioning);

- according to the results of the state examination of working conditions, carried out in order to assess the quality of the certification;

- when taking measures to bring working conditions in line with state regulatory requirements for labor protection, as well as to improve working conditions;

- when replacing production equipment;

- when it changes technological process;

- when changing the means of collective protection.

2. ORDER ON CONDUCTING CERTIFICATION OF WORKPLACES BY WORKING CONDITIONS

To organize and conduct certification, the employer must issue an order (clause 11 of the Procedure for conducting certification). The legislation does not establish a unified form of the order for attestation, therefore it is drawn up in any form.

The order must include the following information:

- about the composition certification commission (for more details see clause 1 "Composition of the certification commission" of this material);

- about the chairman of the attestation commission, who must be a representative of the employer (clause 10 of the Attestation Procedure);

- about the period of the certification.

In addition, a schedule of attestation work must be drawn up in any form and either included in the text of the order, or added as an appendix to the order.

It is necessary to familiarize all members of the certification commission, as well as other persons specified in the order, with the order to conduct certification.

CERTIFIED ORGANIZATION

Clause 6 of the Attestation Procedure stipulates that attestation is carried out jointly by the employer and the attesting organization on the basis of a civil law contract. The employer can conclude an agreement for the performance of certification work with several certification organizations. In this case, the certification work can be distributed between the certification organizations both in terms of the number of workplaces subject to certification and the types of work performed at these locations.

An attesting organization is a legal entity that provides attestation services and performs:

- measuring and evaluating factors of the working environment and work process;

- assessment of the compliance of working conditions with state regulatory requirements labor protection;

- execution and preparation of the attestation report.

The certifying organization must meet the following conditions:

- accredited in the manner prescribed by the Order of the Ministry of Health and Social Development of Russia dated 01.04.2010 N 205n "On approval of the list of services in the field of labor protection, for the provision of which accreditation is required, and the Rules for accreditation of organizations providing services in the field of labor protection";

- is an independent person in relation to the employer, at whose workplaces she carries out certification. The Certification Procedure does not specify what is meant by the independence of the certification organization. In this case, you can be guided by the norms of Art. 4 of the Law of the RSFSR of 22.03.1991 N 948-1 "On Competition and Restriction of Monopolistic Activity in Commodity Markets", which states that affiliated persons are individuals and legal entities capable of influencing the activities of other legal entities and (or) individuals, carrying out entrepreneurial activity... Thus, the independence of the certification organization implies its non-affiliation in relation to the employer at whose workplaces certification is carried out.

The rights and obligations of the attesting organization and the employer during the attestation are established by clause 7 of the Attestation Procedure.

Certifying organization:

- determines the methods for carrying out measurements and assessments based on the current regulatory legal acts and the Procedure for conducting certification, as well as the quantitative and personal composition of specialists who conduct measurements and assessments;

- examines in full the documentation related to the organization of work to ensure labor protection requirements for the employer, at whose workplaces certification is carried out;

- requests and receives from the employer (his representative) clarifications on the issues that have arisen during the certification;

- at the request of the employer, provides substantiation of the conclusions made by the certification organization based on the certification results;

- transfers on an electronic medium to the federal system for collecting, processing and storing data a summary sheet of the results of certification of workplaces for working conditions and information about the certification organization (clause 46 of the Certification Procedure).

The certifying organization may refuse to carry out certification if the employer fails to provide the necessary documentation or the employer refuses to provide the conditions for measurements and assessments required by the regulatory documentation.

Employer:

- has the right to demand from the certifying organization a documentary confirmation of accreditation for the right to provide services for the certification of workplaces. The certifying organization must provide a notification (a copy of the notification) of its inclusion in the register of organizations providing services in the field of labor protection;

- has the right to require the certification organization to carry out measurements and evaluations in accordance with the current regulatory legal acts;

- is obliged to provide the necessary information and documentation, give, upon request of the certifying organization, explanations orally and in writing on issues related to the purposes of certification, as well as request the information necessary for the certification from third parties;

- is obliged not to take actions aimed at narrowing the range of issues subject to analysis and assessment during certification, as well as hiding (restricting access) to information and documentation on issues related to the purposes of certification requested by the certification organization;

- is obliged not to approve the attestation report not signed by representatives of the attesting organization who are part of the attestation commission.

CERTIFYING COMMISSION

1. Composition of the certification commission

2. Functions of the certification commission

1. COMPOSITION OF THE CERTIFICATION COMMISSION

The composition of the certification commission is established by clause 10 of the Procedure for conducting certification and depends on which category of business entities the organization in which certification is planned belongs to.

If certification is carried out in organizations classified as micro-enterprises and small businesses (subparagraph "a" of clause 2 of part 1 of article 4 of the Federal Law of 24.07.2007 N 209-FZ "On the development of small and medium-sized businesses in Russian Federation"), Then the attestation commission includes:

- the employer (his representative). As representatives of the employer, managers may be included in the certification commission structural units organizations, lawyers, HR specialists, labor specialists and wages, the main specialists of the organization, medical workers and other employees;

- representatives of the certifying organization (for more details, see the section "Certifying organization" of this material);

- representatives of the elected body of the primary trade union organization or other representative body of workers (if any);

- representatives of the organization or specialists engaged by the employer under a civil law contract to perform the functions of the labor protection service (labor protection specialist).

In all other organizations, the certification commission includes:

- representatives of the employer;

- labor protection specialist;

- representatives of the elected body of the primary trade union organization or other representative body of workers;

- representatives of the certifying organization (for more details, see the section "Certifying organization" of this material).

2. FUNCTIONS OF THE CERTIFICATION COMMISSION

The functions of the certification commission are defined in clause 12 of the Procedure for conducting certification.

Certifying commission:

- provides guidance and control over the certification at all its stages;

- generates a set of regulatory legal and local regulations, organizational, administrative and methodological documents necessary for attestation and organizes their study;

- makes a list of workplaces subject to certification, identifies similar workplaces and indicates the factors of the working environment and the labor process, injury risk and provision of the employee with special clothing, special footwear and other personal protective equipment (hereinafter - PPE) (for more details, see paragraph 1 "Drawing up a list of workplaces subject to certification for working conditions" and clause 1.1 "Similar workplaces" of this material);

- prepares proposals for bringing the names of professions and positions of employees in accordance with the requirements of the Unified Tariff qualification handbook works and professions of workers and the Unified qualification reference book of positions of managers, specialists and employees (approved by the Decree of the Government of the Russian Federation of 31.10.2002 N 787);

- assigns a number to each workplace (for more details see clause 1 "Compiling a list of workplaces subject to certification for working conditions" and clause 1.1 "Similar jobs" of this material);

- fills in and signs the workplace certification cards for working conditions (a sample card and recommendations for filling it out are given in Appendices No. 2 and No. 3 of the Certification Procedure);

- prepares proposals (if necessary) on amendments and (or) additions to the employment contract in terms of the employer's obligation to provide the employee with PPE, the establishment of an appropriate mode of work and rest, as well as other established by law guarantees and compensations for work with harmful and (or) dangerous working conditions;

- based on the results of certification, develops an action plan to bring working conditions in line with state regulatory requirements for labor protection.

CONDUCTING CERTIFICATION OF JOBS BY WORKING CONDITIONS

1. Drawing up a list of workplaces subject to certification for working conditions

2. Assessment of compliance of working conditions with hygienic standards

3. Assessment of injury hazard in workplaces

4. Assessment of the provision of workers with special clothing, special footwear and other personal protective equipment

5. Comprehensive assessment of the state of working conditions at the workplace

1. COMPILATION OF A LIST OF JOBS SUBJECT TO CERTIFICATION BY WORKING CONDITIONS

The responsibility for compiling a list of workplaces is assigned to the certification commission (clause 12 of the Certification Procedure). A sample list of workplaces and the rules for filling it out are given in Appendix No. 1 of the Certification Procedure.

According to Part 6 of Art. 209 of the Labor Code of the Russian Federation, a worker is a place where an employee must be or where he must arrive in connection with his work and which is directly or indirectly under the control of the employer.

To compile a list of jobs, the following documents are required:

- staffing table;

- a list of employees with an indication of the profession (position) and structural divisions.

The names of professions (positions) in the list of jobs must correspond to their names in the staffing table. Each workplace is assigned a unique serial number from 1 to 99,999,999.

See sample checklist.

1.1. Similar jobs

When compiling a list from the total mass of workplaces, it is necessary to highlight similar workplaces, which are characterized by a combination of the following features (clause 12 of the Certification Procedure):

- profession or position of one name;

- fulfillment of the same professional duties while maintaining the same type of technological process in the same operating mode;

- use of the same type of production equipment, tools, fixtures, materials and raw materials;

- work in one or more similar premises or outdoors;

- use of the same type of ventilation, air conditioning, heating and lighting systems;

- the same arrangement of objects (production equipment, vehicles etc.) at the workplace;

- the same set of harmful and (or) hazardous production factors of the same class and degree;

- equal provision of personal protective equipment.

At similar workplaces, the assessment of harmful and (or) hazardous production factors is made on the basis of data obtained during the certification of 20% of such workplaces from the total number of workplaces (but not less than two). If at least one job is identified that does not meet the criteria of similarity, 100% of these jobs are evaluated. After the assessment, a new list of workplaces is determined taking into account the results of measurements and assessments (clause 40 of the Certification Procedure).

When assigning a serial number, similar jobs are designated by the letter "a".

Important! For all similar workplaces of one name, one certification card is drawn up - for the first workplace from the list of similar ones (clause 2 of Appendix No. 3 to the Certification Procedure).

A situation from practice. There are seven accountants in the organization - all do the same job, work in the same room, behind computers with LCD monitors. One of the accountants has additional coverage. Are the jobs of accountants similar?

According to clause 12 of the Certification Procedure, for the recognition of jobs as similar, a combination of several signs is required, one of which is the use of the same type of lighting systems. In this situation, one of the accountants uses an additional light source. Consequently, the workplace of this accountant in the list of workplaces must have its own unique serial number.

The workplaces of other accountants can presumably be considered similar until measurements are taken of 20% of such workplaces, as provided for in clause 40 of the Attestation Procedure. In this case, measurements should be carried out at 2 workplaces (20% of workplaces are 1.2, while measurements are provided for at least 2 workplaces).

2. ASSESSMENT OF CONFORMITY OF WORKING CONDITIONS WITH HYGIENIC STANDARDS

After compiling a list of workplaces, the specialists of the certification organization assess the compliance of working conditions with hygienic standards. The procedure for the assessment is established by clauses 14 - 19 of the Procedure for attestation.

The assessment is carried out by means of instrumental measurements during the implementation of regular production (technological) processes and (or) regular activities of the organization. Physical (noise, vibration, etc.), chemical ( harmful substances), biological factors (microorganisms, etc.), the severity and intensity of the labor process (physical and dynamic and intellectual load, body tilt, etc.).

When carrying out instrumental measurements, it is necessary to use only those measuring instruments that have been verified within the established time frame (clause 16 of the Certification Procedure).

The methodology for measuring the levels of factors of the working environment and the labor process is carried out in accordance with the Guidelines R 2.2.2006-05 “Guidelines for the hygienic assessment of the factors of the working environment and the labor process. Criteria and classification of working conditions "(approved by Rospotrebnadzor on July 29, 2005).

Measurements and assessments are drawn up in a protocol, which is drawn up according to the rules provided for in clause 18 of the Certification Procedure, and is an integral part of the workplace certification card for working conditions. For each factor (group of factors) to be assessed, a separate protocol is drawn up.

The protocol is signed by the specialists of the attesting organization who carried out the measurements and assessments, as well as by the responsible official of this organization and certified by the seal (clause 18 of the Attestation Procedure).

3. ASSESSMENT OF WORKPLACE INJURY

The assessment of injury hazard is carried out by specialists of the attesting organization and is carried out according to the rules established by clauses 20 - 28 of the Attestation Procedure.

The injury hazard of workplaces is assessed according to the compliance of certain objects with labor protection requirements, failure to comply with which may lead to injury to employees, including:

- requirements for protection against mechanical stress;

- requirements for protection against electric current;

- requirements for protection against exposure to high or low temperatures;

- requirements for protection from the toxic effects of chemicals.

The objects of injury hazard assessment are production equipment, devices and tools used in the implementation of technological processes, the compliance of workers' training on labor protection with the established requirements (clause 21 of the Certification Procedure).

To assess the injury hazard of production equipment, the following steps should be taken:

- verification of the availability and compliance with the regulatory requirements of documents, protective equipment for workers, etc., provided for in clause 23 of the Attestation Procedure;

- analysis technical documentationcontaining safety requirements when performing work;

- external examination of production equipment in the course of regular work for compliance with its condition with the requirements of the current regulatory legal acts on labor protection;

- checking the availability of certificates or declarations of conformity to safety requirements (if necessary).

To assess the trauma hazard of tools and devices, the following measures must be taken:

- external examination of tools and devices;

- checking the compliance of the state of tools and devices with the requirements of regulatory legal acts on labor protection;

- checking the availability of certificates or declarations of conformity to safety requirements (if necessary).

When assessing the compliance of workers' training in labor protection with the established requirements, the following documents should be checked:

- instructions on safety and labor protection;

- documents confirming the completion of the required training.

According to clause 28 of the Certification Procedure, there are three classes of injury hazard of working conditions:

- 1st class of injury hazard - optimal (not a single non-compliance with labor protection requirements has been identified; no work is performed related to the repair of production equipment, buildings and structures, high-risk work and other work requiring special training in labor protection, or there is no production equipment and tools );

- Trauma hazard class 2 - permissible (not a single inconsistency with labor protection requirements has been identified; work is being done related to the repair of production equipment, buildings and structures, high-risk work and other work requiring special training in labor protection; production equipment with an exceeded service life is being operated (developed resource), however, this is not prohibited by special safety requirements; damage and (or) malfunctions of protective equipment have been identified that do not reduce their protective functions);

- Trauma hazard class 3 - hazardous (one or more non-compliance with labor protection requirements was revealed).

The results of the assessment of the injury hazard of the workplace are drawn up in a protocol (Appendix No. 4 to the Certification Procedure), taking into account the specifics provided for drawing up a protocol when assessing the injury hazard of workplaces where facilities are controlled by federal executive bodies authorized to conduct state supervision and control in the established field of activity.

The protocol is signed by the specialists of the attesting organization who carried out the measurements and assessments, as well as by the responsible official of this organization and certified by the seal (clause 27 of the Attestation Procedure).

The results of the assessment of the workplace injury hazard with an indication of the injury hazard class are entered into the workplace certification card for working conditions.

4. ASSESSMENT OF THE SECURITY OF EMPLOYEES WITH SPECIAL CLOTHING, SPECIAL FOOTWEAR AND OTHER PERSONAL PROTECTIVE EQUIPMENT

The employer is responsible for providing employees with special clothing, special footwear and other PPE.

PPE is considered to be personal equipment used to prevent or reduce exposure of workers to harmful and (or) hazardous production factors, as well as to protect against pollution. This definition is given in clause 3 of the Interindustry rules for providing workers with special clothing, special footwear and other personal protective equipment (approved by the Order of the Ministry of Health and Social Development of Russia dated 01.06.2009 N 290n).

The purchase and distribution of PPE to employees is carried out by the employer at the expense of own funds (part 2 of article 212 of the Labor Code of the Russian Federation, part 3 of article 221 of the Labor Code of the Russian Federation).

The assessment of the provision of PPE workers is carried out after assessing the compliance of working conditions with hygienic standards and assessing the injury hazard of the workplace in accordance with the rules established by clauses 29 - 35 of the Certification Procedure.

The provision of PPE workers is assessed by the sequential implementation of the following procedures (clause 31 of the Certification Procedure):

- comparison of the nomenclature of actually issued PPE with the corresponding standard norms of free issuance of PPE to workers. Standard norms for the free issuance of PPE to workers are established by various regulations depending on the species economic activity;

- checking the availability of certificates (declarations) of PPE conformity issued to employees;

- checking the procedure for providing employees with PPE, established by the Interindustry Rules for providing employees with special clothing, special footwear and other personal protective equipment (approved by the Order of the Ministry of Health and Social Development of Russia dated 01.06.2009 N 290n);

- assessing the compliance of the issued PPE with the actual state of working conditions at the workplace;

- checking the effectiveness assessment of PPE issued to the employee (if necessary) (clause 33 of the Certification Procedure).

The results of the assessment of the provision of workers with PPE at the workplace are documented in a protocol (Appendix No. 5 to the Certification Procedure).

Important! The protocol is not drawn up if the issuance of PPE is not provided for by the standard norms of free issuance of PPE to workers and is not required by the actual state of working conditions (clause 32 of the Certification Procedure).

The protocol is signed by the specialists of the attesting organization who carried out the measurements and assessments, as well as by the responsible official of this organization and certified by the seal (clause 35 of the Attestation Procedure).

See sample of filling out the protocol.

The results of the assessment of the provision of workers with PPE are entered into the card of the workplace certification for working conditions.

See a sample card filling.

A situation from practice. Is the workplace correctly recognized as inadequate for the provision of PPE workers due to the fact that the issued overalls are marked according to which they are designed for use at temperatures up to +25 ° С, and at the evaluated workplace the temperature is +25.5 ° С?

One of the procedures for assessing the provision of PPE workers is to assess the compliance of the issued PPE with the actual state of working conditions (clause 31 of the Certification Procedure). The workplace is considered to meet the requirements for the provision of PPE workers only if the requirements of the Certification Procedure are met. In the event of one or more inconsistencies, the workplace is considered not to meet the requirements for providing workers with PPE (clause 34 of the Certification Procedure).

In this case, the overalls issued to the employee do not correspond to the actual state of working conditions at the workplace (+25.5 ° С instead of the stipulated +25 ° С), and therefore the recognition of the workplace as not meeting the requirements for providing workers with PPE is correct.

5. COMPREHENSIVE ASSESSMENT OF WORKING CONDITIONS AT THE WORKPLACE

The procedure for assessing working conditions ends with a comprehensive assessment of the state of working conditions in the workplace, which includes the results of the following assessments (clause 36 of the Attestation Procedure):

- class (subclass) of working conditions, established based on the results of assessing the compliance of working conditions with hygienic standards;

- class of working conditions for injury hazard;

- provision of workers with PPE.

The workplace is recognized as attested with a comprehensive assessment of working conditions "complies with the state regulatory requirements for labor protection" if it is established that the working conditions at the workplace meet the hygienic standards, the workplace meets the requirements for the provision of PPE workers, and when assessing the injury hazard of the workplace, no inconsistencies with the requirements of labor protection have been identified (p. . 37 Procedure for attestation).

The workplace is recognized as attested with a comprehensive assessment of working conditions "does not meet the state regulatory requirements for labor protection" in case of inconsistency of working conditions with hygienic standards, and (or) when assessing the injury hazard of the workplace, the workplace does not comply with labor protection requirements, and (or) non-compliance with the requirements for the provision of workers PPE (clause 38 of the Certification Procedure).

When classifying the working conditions at the workplace as hazardous, the employer must immediately develop and implement a set of measures aimed at reducing the level of exposure to hazardous factors in the working environment and the labor process or at reducing the time of their exposure (clause 39 of the Certification Procedure).

The results of a comprehensive assessment of the state of working conditions at the workplace are entered in the workplace certification card for working conditions in line 070.

REGISTRATION OF THE RESULTS OF CERTIFICATION OF WORKPLACES

BY LABOR CONDITIONS

1. Drawing up a report on certification of workplaces for working conditions

2. Obligations of the employer upon completion of certification of workplaces for working conditions

1. DRAFTING OF THE REPORT ON CERTIFICATION OF WORKPLACES BY WORKING CONDITIONS

Based on the results of certification, the certification commission draws up a certification report, to which the following documents are attached (clause 44 of the Certification Procedure):

- an order on the creation of an attestation commission and approval of a schedule for attestation (for more details, see clause 2 "Order on attestation of workplaces for working conditions" of this material);

- a list of workplaces subject to certification (for more details, see clause 1 "Compiling a list of workplaces subject to certification for working conditions" of this material);

- workplace attestation cards with measurement and assessment protocols (for more details see clause 2 "Functions of the attestation commission" of this material);

— consolidated statement results of certification of workplaces (Appendix No. 6 to the Procedure for certification);

- a summary table of the classes of working conditions established according to the results of certification, and compensations that must be established for employees (Appendix No. 7 to the Procedure for conducting certification);

- a plan of measures to improve and improve working conditions (Appendix No. 8 to the Certification Procedure), which is signed by the chairman of the certification commission and, after agreement with the labor protection committee (commission), trade union or other representative body authorized by employees, is submitted for approval to the employer;

- the final minutes of the meeting of the certification commission on the results of certification of workplaces for working conditions (Appendix N 9 to the Procedure for conducting certification);

- information about the certifying organization (Appendix N 10 to the Certification Procedure) with the attachment of a copy of documents for the right to carry out measurements and assessments (an accreditation certificate with an appendix establishing the scope of accreditation of the testing laboratory; copies of the notice of inclusion in the register of accredited organizations providing certification services) ;

- minutes of the attestation commission meetings;

- conclusion on the results of the state examination of working conditions (if any);

- an order from officials on revealed violations of the Procedure (if any).

The certification commission considers the certification report within ten calendar days from the date of its receipt, signs the final minutes of the meeting of the certification commission based on the results of certification of workplaces for working conditions and submits it along with the certification report to the employer (his representative).

2. OBLIGATIONS OF THE EMPLOYER WHEN COMPLETING THE CERTIFICATION OF WORKPLACES BY WORKING CONDITIONS

2.1. Signing an order on the completion of certification of workplaces for working conditions and approval of the certification report

The certification procedure ends with the signing by the employer of an order on completion of certification and approval of the certification report (clause 44 of the Certification Procedure). The signing of the order on the completion of certification and the approval of the certification report is carried out by the employer within ten working days from the date of receipt of the final minutes of the meeting of the certification commission based on the results of certification of workplaces for working conditions.

It is necessary to familiarize all members of the certification commission, as well as other persons specified in the order, with the order to complete the certification.

The legislation does not establish a unified form of the order on completion of certification, therefore it is drawn up in any form.

See sample order filling.

2.2. Familiarization of the employee with the results of certification of his workplace

Within ten working days from the date of receipt of the final minutes of the meeting of the certification commission on the results of certification of workplaces for working conditions, the employer must familiarize the employee, against signature, with the results of certification of his workplace in the certification card (clause 44 of the Certification Procedure).

2.3. Interaction with the state labor inspectorate based on the results of certification of workplaces for working conditions

The interaction of the employer with the state labor inspectorate (hereinafter referred to as the State Labor Inspectorate) is carried out in accordance with the Order of Rostrud dated August 31, 2011 N 193 "On the organization of work on the implementation of paragraph 45 of the Procedure for certification of workplaces for working conditions, approved by the Order of the Ministry of Health and Social Development of the Russian Federation of April 26 2011 N 342н ".

Within ten calendar days from the date of issuance of the order on completion of certification of workplaces and approval of the certification report, the employer must send the following documents to the GIT:

- a summary sheet of the results of certification of workplaces for working conditions;

- information about the certifying organization (for more details see clause 1 "Drawing up a report on certification of workplaces for working conditions" of this material);

— transmittal letter on the employer's letterhead.

These documents must be submitted on paper and in in electronic format (clause 45 of the Certification Procedure).

The documents received from the employer are registered by the State Institute of Technology in the register of receipt of materials based on the results of certification of workplaces for working conditions.

When the employer submits incorrectly executed documents or their incomplete package, the GIT informs him about this, indicating a specific time frame for eliminating the shortcomings.

The information contained in the documents is entered into the register of information on the results of certification of workplaces for working conditions in business entities.

After that, the GIT conducts an analysis of these documents.

Analysis results can be used by GIT:

- to make decisions on the suspension of the activities of organizations, their branches, representative offices, structural divisions, production equipment, sites;

- to make decisions on the temporary suspension of the operation of buildings or structures, machinery and equipment, the implementation certain types activities due to the threat to the life or health of employees;

- for the presentation of requirements to ensure safe working conditions;

- to assess the activities of certification organizations.

Important! If, after December 1, 2010, the certification of workplaces for working conditions was carried out by an organization that did not undergo mandatory accreditation in the prescribed manner, the GIT is obliged to submit an order to the employer demanding that the certification be repeated in accordance with the established procedure.

The documents submitted by employers based on the results of certification of workplaces are stored in the GIT.

Based on the results of the analysis of the materials of certification of workplaces, the GIT can conduct planned and unscheduled inspections of employers' compliance established order carrying out the specified certification.

Scheduled inspections are carried out in accordance with annual plans for their conduct, agreed with the prosecutor's office and approved by the head of the State Institute of Information Technology ( the federal law of December 26, 2008 N 294-FZ, Resolution of the Government of the Russian Federation of June 30, 2010 N 489, Rostrud Order of October 28, 2010 N 455).

When conducting an unscheduled inspection, the conditions established by Federal Law No. 294-FZ of December 26, 2008 must be observed. The basis for an unscheduled inspection in accordance with paragraph 27 of Appendix No. 1 to the Order of Rostrud dated 31.08.2011 No. 193 may be:

- expiration of the term for the employer to comply with the order issued by the State Inspectorate to eliminate the identified violation labor legislation and other regulatory legal acts containing labor law norms;

- an employee's appeal to the State Inspection Service with a statement of violation by the employer of his labor rights or with a request to conduct an inspection of labor conditions and labor protection at his workplace in accordance with Art. 219 of the Labor Code of the Russian Federation;

- submission to the GIT of information by the organization based on the results of the certification of workplaces for working conditions as harmful and (or) dangerous.

Rostrud or the relevant GIT notifies the employer of an unscheduled inspection in any available way at least 24 hours before its start.

Until 2013, inclusive, the certification of workplaces at the enterprise was regulated by Article 212 Labor Code Russian Federation. In accordance with the new Federal Law No. 426-ФЗ dated 28.12.13 "On the Special Assessment of Working Conditions" the concept of "certification of workplaces" is no longer used in the domestic legal framework. It was replaced by the term "special price". Corresponding changes were made to the Labor Code. However, in fact, the special assessment procedure essentially retained all the basic functions of attestation.

Formally, a special assessment of working conditions is understood as a list of clearly defined measures carried out in an established sequence in order to identify harmful or dangerous factors affecting the employees of the enterprise in the process of their implementation professional activity... The result of such a special assessment of workplaces at the enterprise should be the definition of classes and subclasses of existing working conditions at the enterprise in accordance with the existing staffing table and the staff actually employed at the enterprise.

Who is covered by the mandatory certification of workplaces

Mandatory certification of workplaces should now be carried out by all employers, without exception. This obligation is imposed on employers by Article 212 of the Labor Code. Also, certification of workplaces from 2014 must be carried out by individual entrepreneurs who have employees hired. The penalties imposed for ignoring the passage of the special assessment procedure were significantly toughened, which was reflected in the Federal Law No. 421-FZ of 12/28/13. At the same time, both administrative fines (in case of failure to pass the special assessment) and the measure of criminal liability of persons guilty of accidents occurring at work were increased.

Entrepreneurs who do not use the labor of hired employees and, accordingly, do not organize workplaces subject to certification are not required to organize an assessment. Also, the special price does not affect individuals without status. individual entrepreneur... This provision is defined in Article 3 of Federal Law No. 426-FZ.

Which jobs should be assessed

The list of workplaces that were previously subject to the procedure for attestation of workplaces is not identical to the list of workplaces in relation to which a special assessment should be carried out in accordance with the new legislative norms.

The management of the enterprise should pay attention to the fact that earlier the certification of workplaces was carried out only in relation to those positions where manual labor, vehicles, machines, mechanisms, devices and devices were used that pose a danger to the life and health of employees. That is, formally, some workplaces might not fall under certification. Currently, a special job assessment covers all jobs with no exceptions. This point should be especially taken into account in a special assessment of the workplaces of office employees. Previously, it was these positions that were most often excluded from the certification process.

In addition, if previously the workplaces of home-based employees and employees working remotely were certified on a general basis, now the existing normative base allows not to carry out a special assessment in these cases.

Frequency of special assessment of workplaces

According to existing legislation, a special assessment of workplaces must be carried out at least once every five years. Despite the change in the relevant legislation, the previously conducted certification is recognized as valid, and there is no need to organize a special assessment before its expiration.

At the same time, the law stipulates a number of cases in which an unscheduled special assessment is required. First of all, this concerns situations in which previously non-existent jobs arise at the enterprise. In addition, a special assessment is needed in a situation of significant changes in working conditions: transformation of the technological process, starting work with previously unused materials, working in new conditions.

A special assessment should be carried out in the event that an accident occurs at the enterprise or an occupational disease has been identified in employees resulting from harmful working conditions.

The safety manager or trade union can also initiate a special assessment.

Initiation of a special assessment procedure

To carry out a special assessment, the employer must organize a special commission and conclude an agreement for the assessment with an organization specializing in this type of activity. The cost of certification of workplaces ranges from 1,500 rubles to 6,000 rubles per job. The specific price depends on the complexity of the work to be done and how unified the workplaces at the enterprise.

The said commission should include representatives of the employer, the manager responsible for labor protection at the enterprise and representatives of the trade union. With regard to small businesses, it is mandatory to include the head of the enterprise in the commission.

A specific example of workplace certification can only be deemed compliant with legal regulations if the third party involved meets a number of requirements. Firstly, in the statutory documents of the organization, carrying out a special assessment of working conditions should be designated as the main activity. Secondly, the organization must have a laboratory that has passed a special accreditation procedure. Thirdly, the employees of the organization must be represented by at least five specialist experts who have special certificates for performing work on the assessment of workplaces. Among these specialists, a doctor specializing in occupational health is required.

These organizations and specialists must be listed in a special register and be independent parties in relation to the enterprise where the certification of workplaces is planned.

The mechanism for conducting a special assessment of workplaces at the enterprise

In the process of a special assessment, workplaces are examined for the presence of hazardous and harmful factors that may threaten the employees of the enterprise. In the process of this work, a special declaration is filled out, in which all workplaces where threats have not been identified are entered. Later, this declaration is submitted to the labor inspectorate. The declaration form has not yet been developed, but its approval is expected in the near future.

Workplaces in which hazardous factors have been detected are subjected to additional research, accompanied by the necessary tests. After this work, such jobs are assigned a certain class of working conditions: "optimal", "permissible", "harmful" or "dangerous". Harmful working conditions are also classified into four subclasses. This information is reflected in a special report of the commission (the form of the report has not yet been approved). The employer must be familiarized with the report against signature.

What the special assessment of jobs affects

The results of a special assessment are reflected when filling out the 4-FSS form. The information received serves as the basis for the social insurance fund in relation to the policyholder to determine the amount of the discount or premium for "injury" contributions.

In addition, the results of the ad hoc assessment are used to determine the additional tariffs applicable to contributions to the FIU. Article 58.3 of the Federal Law No. 212-FZ of 24.07.09 states that depending on the class and subclass assigned to a workplace, the tariff level can vary from 0 to 8 percent.

The results of a special assessment are used when organizing medical examinations at the enterprise or for carrying out work aimed at improving working conditions. This is regulated by the seventh article of the Federal Law No. 426-ФЗ dated 28.12.13 "On special assessment of working conditions".

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Amazing business adventure with salaried employees

Until December 31, 2020, everyone who has wage-earnersmust conduct a special assessment of jobs.

Natalia Human

made a special estimate

The legislator established a five-year transition period for the phased implementation of the SAUT - it ended on December 31, 2018. Therefore, employers had to conduct a special job assessment before January 1, 2019. But those who performed the SAUT in 2015 must undergo the procedure again until December 31, 2020, because the special assessment is carried out at least once every five years.

This article is for small businesses and individual entrepreneurs, because the large ones themselves know everything.

In fact, it is not enough to conduct a special assessment - you still need to fill out a declaration and submit it to the labor inspectorate. And here the nuances begin.

This spring I was doing a special appraisal at a small real estate agency. It was necessary to evaluate four office places located in the center of St. Petersburg, I had a spare time. As a result, I paid R 6,000 for the assessment of four jobs and was satisfied. I'll tell you in order.

What is a special assessment of working conditions

SAUT is an assessment of workplaces: experts determine harmful production factors and assess how the performance indicators in production correspond to the standards.

There is a law according to which organizations with workers must conduct a special assessment of workplaces, abbreviated as SOUT. Based on its results, the class of working conditions is determined. Depending on the class, fees are counted, special clothing is purchased or, for example, additional lamps are installed.

When conducting a special assessment, harmful factors are evaluated, not aesthetics. The expert will pay attention to noise, dust or lack of light, but not to the color of the walls or the quality of door fittings. They can also measure the severity of labor, chemical, biological factors. But usually this applies to complex manufacturing enterprises.

Are they strangling business with checks again?

A special assessment of working conditions is, let's face it, a headache. A lot of fuss, pieces of paper and formalities.

But it also has a meaning: SOUT helps to make sure that employees work in normal conditions, they have something to breathe, radioactive lime does not fall on them, and their eyes do not flow out of the dusk in the office.

Who should conduct

Any business in which employees work should evaluate jobs. All places where people work are subject to assessment: in the office, in the kitchen, in the cafe, in the sewing workshop and in the furniture industry.

The assessment is carried out by specialized firms. An expert of such a company comes to the office or production site, checks everything, and then writes a report. Based on this report, you fill out and submit a declaration to the labor inspectorate.

Who Shouldn't Assess Working Conditions

Companies without employees. Let's say the only employee in a company is the CEO. He works from home because office space not. Then there is no subject of assessment, which means that it is not needed.

If an individual entrepreneur does not have employees, then there is no need to evaluate anything either.

Companies without jobs - all employees are remote. There is no need to evaluate the workplaces of teleworkers and home-based workers: if, for example, a designer or seamstress work at home and this is spelled out in their employment contract - no assessment is required. No need to rate vacancies - this is when there is a place, but no one works on it.

Ordinary people. The procedure does not apply to individuals: if you have a private chef or personal assistant, whom you pay as an individual, then you do not need to carry out the procedure either.

Nuances

Sometimes a special estimate is needed, but a declaration is not needed: this mainly applies to all kinds of industries, cafes and restaurants. Or any business where harmful or dangerous factors are found - here you need to act differently, but this is a topic for a separate article.

What is the time frame for the special assessment

The special assessment should be carried out at least once every five years. For example, if you performed SAUT in August 2015, you must re-pass the procedure no later than August 2020. And you will have 30 working days from the date of approval of the report to complete and submit a declaration on the SAWS.

Responsibility for failure to conduct a special assessment - a fine of up to 200,000 RUR

For those who do not want to make a special estimate, there are fines. First time:

• the general director or individual entrepreneur will pay from 5,000 to 10,000 rubles;
• legal entity - from 60,000 to 80,000 rubles.

Repeated violation (failure to conduct a special assessment of working conditions) will cost:

• the general director - a fine from 30,000 to 40,000 rubles or disqualification (ban) to lead for a period of 1 to 3 years;
• the legal entity will have to respond with an amount of 100,000 to 200,000 RUR or suspension of activities for a maximum of 90 days;
• The individual entrepreneur will pay a fine as a general director - up to 40,000 R, but his activities will be suspended as a company.

How often and how much SOUT works

The validity period of the SOUT declaration is 5 years. We consider from the date of entering information on the results of the assessment in information system accounting. In most cases, this period will automatically be extended for another 5 years. But the assessment will need to be repeated if:

1. An employee suffered an industrial accident.
2. An employee was diagnosed with a disease that appeared due to harmful or dangerous factors at work.
3. During verification labour Inspectorate revealed violations of labor protection standards.
4. In these cases, in addition to the termination of the declaration of conformity, it will be necessary to conduct an unscheduled special assessment of working conditions. Another unscheduled special assessment will be required if new jobs have appeared or the office has changed. From January 1, 2020, the employer can also conduct an unscheduled audit if the employee sends him comments and objections regarding the results of the special assessment at his workplace.

Procedure for assessing working conditions

For myself, I divided the whole process into three steps:

Preparation - selection of a contractor, collection of documents. Carrying out - research and receiving documents from the organization. Submission of reports - filling out a declaration, notifying employees. Let's take a closer look at each of the steps.

Select an executor, issue an order and approve the list of places

Workplaces are evaluated by special people who have the equipment and knowledge for this. An entrepreneur cannot do it for himself. The contractor must have accreditation - it can be checked on the website of the Ministry of Labor.

Immediately - in the section "Register of experts of organizations conducting a special assessment of working conditions" - you can check the certification of an expert who will conduct the SAWS.

1. The total number of places - the less, the more expensive.
2. Office location - going to the industrial zone on the outskirts of the city will be more expensive.
3. The complexity of the assessment - if you are evaluating not an office, but, for example, a garment production, then additional measurements of noise and severity of the labor process will be required, it will be more expensive.
4. Urgency.

I called a dozen companies, chose three with a normal price for me, checked that they had accreditation, and then remembered in which company out of three they spoke to me more friendly on the phone. I signed a standard contract with this company.

In parallel with the conclusion of the contract, it is necessary to create a commission to conduct a special assessment of working conditions. It sounds loud, but in fact you need to draw up and sign an order with the CEO, which lists the composition of the commission from the company's employees.

Before starting the procedure, it is necessary to draw up and sign at the commission a list of places that are subject to assessment, and draw up a schedule for the SAUT. The schedule does not have any fixed form, you draw it up like all other internal documents.

Neither the order, nor the schedule, nor the list of places need to be handed over anywhere. They are kept together with other documents in a fat daddy at the accountant's. This is how these documents look at me.

The order, schedule and list were drawn up personally by me, for example. The design may differ from yours. It is not regulated in any way, but the documents themselves must be for order.

Obtaining an opinion

There are two stages in the assessment of workplaces: identification, and then measurements and research.

Identification. First, the expert examined the premises, talked with employees and their immediate supervisor: for example, he asked how much time they spend at the computer. The challenge was to understand what the workflow is and what measurements or research would be required.

You agree on the time in advance - it is important that employees are at their workplaces and that the commission members indicated in the order are present. The expert will need to show:

1. The list of jobs and the jobs themselves.
2. Working hours of employees.
3. Equipment that employees work on.

After the examination, the expert said that there would be one factor to measure - illumination. The commission agreed and we set a date for a new meeting.

Measurements and research. An expert comes and takes measurements at the workplace. In our office it was necessary to measure the "parameters of the light environment": is there enough light in the room to work at the computer. For the study, the expert brought a light meter and measured the level of artificial lighting.

The expert described the results in the measurement protocol and set the class of working conditions. In total, there are 4 classes of working conditions:

1. Optimal (first class).
2. Allowed (second grade).
3. Harmful (third class), there are also subclasses.
4. Dangerous (fourth grade).

The class affects the level of guarantees and compensations provided to workers engaged in production with harmful factors. We have set the second class in our office - these are acceptable working conditions.

The expert enters the class of working conditions into the map, and then makes a report. The deadline for preparing the report is specified in the contract. In my case, the contract stipulated 30 calendar days after the receipt of our payment, and I received the documents exactly on time.

The report should contain:

1. Information about the organization evaluating workplaces, copies of the accreditation certificate and the scope of accreditation.
2. The list of workplaces where the assessment was carried out, with a listing of the detected harmful factors.
3. Research and measurement protocols.
4. Special grade cards.
5. Consolidated statement of results of SOUT and summary table of classes of working conditions.
6. List of recommended actions to improve conditions, if necessary.
7. Expert opinion.

The report must be approved and signed by the chairman and members of the commission.

Submit a declaration

The expert gives you a report for approval, and you sign it. In our case, we received the conclusion on May 15, and on May 16 it was signed by the CEO. Within three business days after approval, you must notify the organization that evaluated the jobs in any way possible. We have emailed a scan of the signed report cover page.

After that, the organization conducting the SAUT sends a report on the special assessment to the FSIS (Federal state system accounting of the results of the SAUT) and within three working days informs the customer about it. All these actions - during the term of the contract.

In places where nothing harmful and dangerous was found, a declaration of conformity is submitted. There are exceptions, for example, for medical, educators, for the list of exceptions, see paragraph 6 of Art. 10 of Law 426-FZ. The employer is obliged to submit the declaration. The deadline for submission is 30 working days from the date of the report approval.

You need to serve in Rostrud:

1. personally;
2. by mail in a valuable letter with a list of attachments and delivery notification;
3. if there is a qualified electronic signature, then you can fill out the declaration directly on the Rostrud website.

Results of assessment of working conditions

The organization that conducted the SAWS draws up the results of the assessment in the form of a report.

What to do after the SOUT

Fourth or third grade: hazardous or harmful conditions labor

What an employer should do

Pay additional contributions to the FIU

Maximum tariff - 8% of salary in hazardous conditions

What an employer should do

Provide workers with guarantees and compensation

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Certification of workplaces of various companies and LLC

Until 31.12. 2013

The company "United Consulting Holding" offers certification of places for working conditions at a low cost. Our company is ready to carry out certification on your request, the price is affordable, all the details can be found on the phone number indicated on the website. From January 1, 2014, the certification was replaced by the Special Assessment of Working Conditions. (On January 1, 2014, the federal law of December 28, 2013 No. 426-FZ "On special assessment of working conditions" came into force) Our company has a professional level of conducting such events, and the price of services provided is lower than in similar companies.

The purpose of this procedure is professional assessment working conditions of each employee of various companies and LLCs, as well as identification and elimination of possible factors that pose a threat to the health and life of the employee.

All the rules and procedures for legal certification of workplaces, on legal terms for LLCs, were introduced into the legislation of the Russian Federation. Only the employer has the right to carry out certification of working conditions. Carrying out certification of working conditions in order to identify various harmful factors that are present in the workspace of all employees of the LLC, this is a mandatory check at each enterprise (LLC).

During the implementation of these measures for LLC, certain rules and procedures for certifying places for each employee will be established. If necessary, employees are provided with protective equipment and additional accessories. Conducting the planned certification will allow you to determine exactly which workers should pass medical checkup... You can also determine who falls under the category of benefits and additional benefits.

The commission that will carry out all the activities includes the head of the enterprise, specialists from the trade union and labor protection. Employees of the enterprise must familiarize themselves with all the results that the commission will receive.

The employer, instead of himself, can entrust the management of the commission to a lawyer, a specialist in the field of working conditions and personnel.

Organizations conducting certification for an LLC should not have anything to do with the employer. This firm is legal entity, which is accredited in the Register of the Russian Federation in Moscow and throughout Russia and has full authority for this procedure. Contact a reliable organization that conducts certification of workplaces. To determine the cost of a workplace in the company "EKH" and find out the price - call the phone number indicated on the website. Our experts will tell you about the procedure and price of certification and what prices are for certain services. Our reasonable prices and quality of services are unrivaled. Many of our clients have already appreciated the difference in prices of our company from similar ones.

Step-by-step stages of certification of each workplace for an LLC in Moscow and in other cities of the Russian Federation (check the price for the provision of the service by phone)

• creation of an order, with which employees should be familiarized;
• creation of a commission and appointment of the head of this commission;
• determination of the timing and procedure for verification;
• creation and signing of the corresponding document;
• departure of specialists to the place of inspection;
• processing and receiving all results;
• creation of a protocol in the prescribed manner;
• creation of planned works to improve working conditions in LLC;
(The price for services depends on the form of ownership of the enterprise and the number of jobs. Changes in prices in the external and internal markets do not affect our prices)
• creation of reports on the work done.

Before an employer decides to order a service from a third-party company that carries out certification for an LLC, he has every right to demand from them such documents as

• confirmation that the LLC has the right to conduct a high-quality certification of working conditions (in compliance with the rules and not exceeding prices for the provision of services);
• a document that confirms that the company is accredited in the Register of the Russian Federation in Moscow and other regions of Russia, has the right to conduct such checks.

Obligations of the employer when checking:

Conducting labor inspection implies that the employer is obliged to help and assist the certifying party in everything. Provide all necessary documentation... If necessary, request the necessary documentation and information from third parties. It is forbidden for an employer to hide documents or information, to take actions that will lead to a decrease in questions on the workstation and must be checked as carefully as possible.

Tasks to be performed by the attesting party

• select the necessary method for assessing working conditions
• at the time of the meeting, accurately determine the number of employees who need a special assessment of working conditions
• carefully study all the necessary documentation
• if necessary, request all the necessary information from the employer

The certification of workplaces and conditions is carried out in accordance with the necessary requirements and state regulations.

Workplace certification - a list of conditions

• determination of the level of occupational injury
• determination of compliance with hygiene indicators
• availability of personal protection
• general assessment of certification of workplaces for working conditions of workers

Inspection at an enterprise or LLC with hazardous working conditions is carried out at 20% of workplaces, the minimum number of such places is 2. If non-compliance with the standards is found at one workplace, the check must be passed at other workplaces as well. After legal certification of workplaces, an updated list of the working space is obtained. One workstation card is filled in for similar jobs. All measures that are necessary to improve working conditions are common to all similar jobs.

Inspection at a workspace that changes its territorial location is carried out by analyzing standard technological operations. In this case, the timing in which the check will be carried out is indicated in the regulations. All the features and details of the automated workplace must be regulated by the employer's regulations and comply with the standards for the implementation of the automated workplace. Our company will provide you with services at the highest level, the price is affordable, and the level of verification is professional. The price for services depends on the form of the enterprise and the number of jobs.

You can also familiarize yourself with our other services and materials on them.

The certification of workplaces for working conditions allows the employer to determine how safely the activities of his employees are organized. Currently, all employers, with the exception of individuals without an individual entrepreneur, must conduct this event.

Assessment of working conditions and certification of workplaces

It should be noted right away that at present in legislative acts such a concept as "certification of workplaces" is not used, it was replaced by "special assessment of working conditions" since 01.01.2014. But in everyday life, the phrase "certification of workers places ".

In essence, these two concepts are identical, and one and the other implies a special set of measures aimed at identifying harmful and dangerous factors at a particular workplace.

Currently, the current law on certification of workplaces is the Federal Law "On the Special Assessment of Working Conditions" dated 28.12.2013 No. 426-FZ (hereinafter the Law).

Certification of workplaces: validity period

The frequency of certification of workplaces is as follows:

• Scheduled special assessment once every 5 years.
• Unscheduled conduct as the need arises.

Unscheduled certification of workplaces can be carried out in the following cases:

• the emergence of new jobs,
• an accident or occupational disease due to exposure to hazardous factors,
• changes in the technological process,
• the order of the GIT inspectors or at the suggestion of the representative body of workers.

For such situations, Article 17 of the Law sets a deadline of 6 to 12 months for an unscheduled special assessment, depending on the reason that led to it.

Another question that arises among employers who, prior to the entry into force of the Law, carried out certification of workplaces: for how many years is such a check valid, is it necessary to carry out a special assessment instead? The law states that if there are no prerequisites for an unscheduled assessment, the certification will be valid for 5 years. That is, if enterprises carried out it before the end of 2013, they need to carry out a special assessment for the first time only in 2018.

Certification of workplaces: who conducts

According to Article 8 of the Law, a special assessment of jobs is organized by the employer with the participation of a company that has the right to carry out such work.

A number of requirements are imposed on the involved organization:

• The list of activities should contain the OKPD code of workplace certification: 71.20.19.130 (according to the OK 034-2014 classifier).

• The company must employ at least 5 certified experts.
• The structure of the company must include a special accredited laboratory for carrying out measurements and samples.

In order to be sure that the company entrusted with the inspection meets the stated requirements, you need to check its presence in a special list, which is located on]]\u003e the website of the Ministry of Labor]]\u003e.

How to certify workplaces yourself

At present, employers are not allowed to carry out certification of workplaces without involving employees of a company that has the appropriate license. Otherwise, the results of such a special assessment will not be valid.

How are workplaces certified?

The procedure for certification of workplaces for working conditions involves the following activities:

• Issuance of an order for attestation, which appoints a commission and a time frame.
• A list of jobs subject to special assessment is determined. Here you need to take into account the frequency of certification of workplaces. Only those places are checked, the term of the previous evaluation of which expires.
• Direct work is being carried out to study the documentation, carry out measurements and take samples.
• A report is drawn up, which includes a certification card and a summary sheet. All the measures taken are entered into them and a conclusion is made about the safety of the workplace with the assignment of a certain class.

It is necessary to familiarize interested workers with the results of the special assessment.

Workplace certification card for working conditions

This is a consolidated document in which all information about the inspected workplace is entered, and the level (degree) of exposure to certain factors is indicated, for example, the level of APFD (in the certification of workplaces under this abbreviation, all aerosol substances that may be in the air are combined).

Penalty for lack of workplace certification in 2018

If the employer evades conducting a special assessment or violates its procedure, an administrative penalty is imposed on him. The fine for the lack of certification of workplaces is charged under clause 2 of Article 5.27.1 of the Administrative Offenses Code of the Russian Federation and amounts to:

• 5,000 - 10,000 rubles. for officials and individual entrepreneurs.
• 60,000 - 80,000 rubles. for organizations.

At the same time, the payment of the fine does not relieve the culprit from the attestation.

How to pay for certification and return part of the funds spent on it

As a rule, the question of cost accounting arises from budgetary organizations, which pays for certification of workplaces. KOSGU (Classification of public sector operations) in this case refers to article 220 "Payment for work, services" (order of the Ministry of Finance dated 01.07.2013 No. 65n).

Another question is how can the certification of workplaces be partially compensated? The FSS allows you to pay it out of contributions for "injury". To do this, you need to submit an appropriate package of documents to the Fund. You can get funds both for the work already done and for the planned one. The main condition is the absence of indebtedness on insurance premiums.

Certification of workplaces for working conditions includes a set of procedures, measurements and calculations that make it possible to identify how safe a particular workplace is. This procedure should be carried out by all employers at regular intervals. What are the established terms for the certification of workplaces are regulated by Law No. 426-FZ (On Conducting a Special Assessment) . Its types are subdivided into planned and unplanned.